Jury Convicts Bank Of Commonwealth Insiders In $71M Fraud

Expert Analysis

• The Importance Of Morning Mist

  

  Morning Mist Holdings Ltd. v. Krys provides guidance to courts that need to determine the location of a foreign debtor’s “center of main interests.” While not outcome-determinative in this case, in other cases, the Second Circuit’s decision may ultimately affect the scope of relief available under the Bankruptcy Code to a foreign debtor, says Alexander Woolverton of Weil Gotshal & Manges LLP.

• Decimalization Revisited: Does Every Penny Count?

  

  Since 2001, "decimalization" has drawn much criticism for not only failing to bring about the benefits expected by the U.S. Securities and Exchange Commission, but also for purportedly decimating the economic incentive to trade in small and mid-cap stocks. This system is now being re-evaluated following an SEC study required by the JOBS Act, say Louis Goldberg and Valerie Gross of Herrick Feinstein LLP.

• Workplace Agencies Tighten Belts For Sequestration

  

  Federal workplace agencies are taking a number of steps in response to the recent sequestration budget cuts, and employers who are parties to agency charges, lawsuits or other administrative proceedings before these agencies should expect effects such as delays in processing and investigation of complaints and petitions, says Seth Neulight of Nixon Peabody LLP.

• You May Be Liable For Someone Else's Overintoxication

  

  A number of lessons can be learned from the representative case involving a wrongful death claim against Phusion Projects Inc., the company behind the Four Loko beverage. Now, the industry is left to wonder the extent of the liability a court finds for an individual’s overconsumption, says Ashley Watkins of Davis Wright Tremaine LLP.

• 1 Step Forward, 1 Step Back In Enviro Self-Audit Policy

  

  As the New York Department of Environmental Conservation moves forward with a self-audit policy, the U.S. Environmental Protection Agency is seeking ways to pare back its own audit policy. Because audit programs almost undoubtedly achieve compliance, eliminating self-auditing, self-reporting and self-correction is hardly smart or efficient, say Steven Russo and Adam Silverman of Greenberg Traurig LLP.

• Inter Partes Review: Tips For The Patent Holder

  

  Inter partes review generally does not favor the patentee, and little can be done to fend off the determined challenger. But the owner of a potentially valuable portfolio can take a number of steps to prepare and position for an IPR challenge, say Robert Pollock and Leslie McDonell of Finnegan Henderson Farabow Garrett & Dunner LLP

• Employers Must Obtain Employee Consent For BYOD Programs

  

  Many employers, understandably, are concerned that a request for consent could discourage employees from participating in "bring your own device" programs. But employers must ensure that they have sufficient authorization to securely offer BYOD access, say Yaron Dori and Jeff Kosseff of Covington & Burling LLP.

• Should Science Fiction Affect Patentability?

  

  Should science fiction, or any nonenabling fiction, be used to show that a patent claim is obvious? Insofar as the dreams and fantasies inherent in science fiction are evidence of long-felt need, the enablement standard for prior art would appear to warrant re-examination by the courts, say Jeffrey Ingerman and Drew Schulte of Ropes & Gray LLP.

• How Monsanto Applies To Nonagricultural Biotechnology

  

  The U.S. Supreme Court's recent decision in Bowman v. Monsanto Co. provides the biotech community some much-needed clarity regarding self-replicating inventions. Perhaps equally important, the court displayed a keen sensitivity to the negative implications of an overly broad exhaustion doctrine, say attorneys with Womble Carlyle Sandridge & Rice LLP.

• What Exporters Need To Do Before Oct. 15

  

  With less than five months to go until the first round of changes instituting the Export Control Reform Initiative becomes effective, U.S. exporters must get their houses in order. From export classifications to licenses to training, companies must start adjusting now, say attorneys with Nixon Peabody LLP.